United States v. Cowden Gravel & Ready-Mix, Inc.

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. COWDEN GRAVEL & READY-MIX, INC., Defendant-Appellee. No. 93-30365. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1994. Decided Aug. 16, 1994. Before: GOODWIN, D.W. NELSON, and HALL, Circuit Judges. 1 MEMORANDUM * 2 The United States government appeals the fine imposed under the Sentencing Guidelines against Cowden Gravel & Ready-Mix, Inc. ("Cowden") after the corporation's guilty plea conviction for bid rigging in violation of the antitrust provisions of the Sherman Act, 15 U.S.C. Sec. 1 . 3 We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and 18 U.S.C. Sec. 3742 and we vacate the fine imposed and remand for resentencing with respect to it. I. 4 The sentencing transcript clearly establishes that the district court believed that Cowden's possible future debarment from federal contracts constituted a collateral consequence…